Title IX Litigation
Enacted by Congress in 1972, Title IX provides that individuals cannot be subjected to discrimination on the basis of sex at any school or university that receives any federal funds. The United States Supreme Court has made clear that, under Title IX, students may seek money damages from schools that have been deliberately indifferent to risks of sexual assault or harassment by teachers, staff or fellow students. Title IX claims can arise if the sexual assault or harassment occurred off campus if there is a sufficient connection to an educational program or activity.
More recently, the Supreme Court held that Title IX also permits individuals to assert claims for retaliation against them for exercising their rights protected by Title IX.
HBC's nationally recognized Title IX practice has been a significant catalyst for changing the way schools respond to reports of sexual assault, gender discrimination and retaliation. Our Title IX litigation group, John Clune, Chris Ford, Kimberly Hult and Baine Kerr, have successfully represented numerous students and faculty in Title IX campus proceedings and legal claims at public and private universities and K-12 schools across the country. Many of our cases have resulted in significant awards and have helped shape the landscape for Title IX compliance and best practices.
In 2007, HBC won the precedent-setting football recruiting rape case against the University of Colorado for $2.5 million and sweeping athletic reforms. More recently, the firm won similar football sexual assault cases against Arizona State University, and is currently pursuing Title IX claims for sexual assault involving national football champion Florida State University and its Heisman Trophy quarterback Jameis Winston. HBC lawyers have represented sexual assault victims in Alaska, Arizona, California, Colorado, Connecticut, Florida, Ohio, Oklahoma, Oregon, Massachusetts, Missouri, Montana, New Jersey, North Carolina, Texas and Wisconsin. Baine Kerr, Chris Ford and Jonathan Boonin have represented coaches and athletic department officials in Title IX retaliation cases in Colorado, Pennsylvania, Indiana, South Carolina and Florida.
HBC's Title IX team also speaks in numerous forums including at legislative hearings, meetings with state and federal policymakers, as well as trainings for school Title IX personnel, as part of HBC's ongoing efforts to end the systematic discrimination that exists in our nation's schools.
Please visit the “HBC in the News” page for a sampling of the most recent news coverage of HBC’s Title IX litigation.